Lenox Conservation Commission
Landuse Meeting Room
October 15, 2015
Minutes
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); David Lane, (DL); Dick Ferren, (DF)
Members absent with notification: Rose Fitzgerald Casey, (RFC)
Staff present: Gwen Miller, Land Use Director/Town Planner, (GM); Peggy Ammendola, (PA)
Request for Abbreviated Notice of Resource Area Delineation, Town of Lenox for approval of the boundaries of wetland resource areas subject to protection under the Massachusetts Wetlands Protection Act. Proposed are upgrades/improvements to the landfill at Willow Creek Road in Lenox, Map 14 Parcels 2 and 3.
Marc Levasseur of Foresight Land Services reviewed the plan with the Commission. He stated that Mark Stinson of MA Dep called into question the outline of the flood plain. Mr. Stinson thought that it was .5 feet too low. This has since been corrected on the plan.
Discussion ensued as to the total square footage of wetland that would be disturbed by this project. Only when the scope of the project is finalized and presented would the square footage be determined. For the present the property owned by the Town that runs along the railroad has been delineated. Mr. Levasseur acknowledged that there is wetland on the railroad property and permission would have to be secured to delineate wetlands on that portion. Until DEP tells the contractor what is required for the capping of the landfill and it is determined whether the railroad property will be impacted at all, the contractor would be responsible for the delineation.
VA made a motion to approve the boundaries described on the reference plan and in the ANRAD submitted. JS seconded the motion and the Commission voted to approve 6-0.
A site visit was conducted on October 9, 2015 and attended by Mark Volk of Foresight Land Services, TF, JS, VA and NC.
Notice of Intent, Mitch Greenwald, Trustee, Martha Lane, Map 18 Parcels 46, 47,51,52,57 and 58. Alteration of an on-site wetland buffer zone to allow for the construction of a gravel road, utilities, swale, driveways, septic and 2 single family houses. The altered BVW will be replaced with the recreation of a BVW that connects the two onsite BVWs. Continued from October 1st to October 15th for further information. Note: NC received an email today, October 15th, from Rob Akroyd of Greylock Design Associates requesting that this hearing be continued to November 5, 2015 to adequately respond to some of the legal issues raised by the Commission.
DF made a motion to continue to November 5th at 7:30 PM. DL seconded the motion and the Commission voted to agree 6-0.
Notice of Intent filed, Pittsfield Municipal Airport, 0 West Mountain Rd., Map 27 Parcel 24. On May 15, 2014, the Conservation Commission issued a Negative Determination subsequent to PMA filing a Request for Determination for the re-clearing of an existing easement and the replacement of the existing beacon and beacon pole which had fallen into disrepair at property located at West Mountain Rd. Subsequent construction activities have resulted in additional impact within the areas subject to the Scenic Mountain Act and the need for site restoration of construction access within and adjacent to the easement on land of Mass Audubon. Informal on August 20, 2015 and the first hearing was on September 17, 2015. Update on October 1st and continued for another update by
Randy Christensen of Stantec on October 15th.
Mr. Christensen, who was expected to provide the update, was not present and the Commission had no communication with him or any representative of Stantec.
Present was Becky Cushing of Mass Audubon and Bruce Winn of BEAT. Tom Ireland, a student at BCC was also present. At the appointed time for the hearing, and noting that Mr. Christensen was not present, Ms. Cushing made an unsuccessful attempt to reach him via cell phone. It was agreed to open the hearing and take comments from those present.
Ms. Cushing stated that at the last hearing Stantec said that their plan was to work closer with Mass Audubon to come up with a restoration plan and talk about seed mixes, but Mass Audubon hasn’t heard from them. She said that Mass Audubon is eager to begin discussion about the long term planning since the short term has been held off. Ms. Cushing has checked with Mass Audubon’s regional scientist and others to see if anyone has had contact with Stantec since October 1st and no one has heard anything.
Ms. Cushing said that there has been no action to block the road or to prevent erosion and Mass Audubon is aware that ATVs are accessing the restoration areas. Even though Mass Audubon doesn’t feel that they are responsible for blocking ATVs from the restoration area they are sending registered letters to the abutters so that the abutters are aware of Mass Audubon’s ATV policies and that there is no confusion as to what is allowed in that area as well as the rest of Audubon’s property.
Ms. Cushing told the Commission that many of the visitors to the property have expressed concern about the degradation of the landscape saying that it has changed their experience to the area. She said that Mass Audubon takes pride in providing a good experience to the residents and tourists and the destruction is taking away from that.
Mr. Winn said that after the Lenox Conservation Commission met on this matter on October 1st, he attended a meeting of the Richmond Conservation Commission meeting whereby Mr. Christensen was present to discuss this same issue as it related to Richmond. Mr. Winn felt that Mr. Christensen provided misinformation as to what has transpired to date with the Lenox CC and suggested that both Commissions come together in the future meetings so that all parties concerned could be provided the same information. Mr. Winn also feels that someone should press the issue regarding gaining access through abutting property owned by Mr. Cardillo. At this time, Mr. Winn said, there is nothing official stating that Mr. Cardillo will not allow access.
Mr. Ireland supported the idea of the two Commissions having joint meetings on this topic.
DL made a motion to continue the hearing to November 5th at 8:00 PM. DF seconded the motion and the Commission voted to agree 6-0.
Dmitriy Shoutov, 21 Evergreen Trail- On September 30th he delivered a 32 page document he entitled: “Lenox Woods at Kennedy Park condo development environmental problems, Lenox, MA, 01240” that he addressed to Neal Carpenter and Building Commissioner Don Fitzgerald. Mr. Shoutov attended the October 1, 2015 Commission meeting, but was not on the agenda. The Commissioners were given copies of the document to review and at tonight’s meeting will discuss and possibly set up a site visit.
Present was Ms. Shoutov.
The Commission agreed to have a site visit at Lenox Woods. They will meet at the right of the medical building in the rear on Thursday, October 22, 2015 at 4:30 PM.
Approve Minutes-
September 17, 2015-Were tabled on October 1st to permit the Commissioners more time to review. DL made a motion to accept the minutes as amended. JS seconded the motion and the Commission voted to approve 6-0.
October 1, 2015-DL made a motion to accept the minutes as amended. JS seconded the motion and the Commission voted to approve 6-0.
JS made a motion to adjourn and VA seconded the motion. The Commission voted to adjourn 6-0 at 8:47 PM.
Respectfully submitted,
Peggy Ammendola
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